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A federal judge on Friday ordered Alabama to stop isolating prisoners with H.I.V.

Alabama is one of two states, along with South Carolina, where H.I.V.-positive inmates are housed in separate prisons, away from other inmates, in an attempt to reduce medical costs and stop the spread of the virus, which causes AIDS.

Judge Myron H. Thompson of the Middle District of Alabama ruled in favor of a group of inmates who argued in a class-action lawsuit that they had been stigmatized and denied equal access to educational programs. The judge called the state’s policy “an unnecessary tool for preventing the transmission of H.I.V.” but “an effective one for humiliating and isolating prisoners living with the disease.”

After the AIDS epidemic of the 1980s, many states, including New York, quarantined H.I.V.-positive prisoners to prevent the virus from spreading through sexual contact or through blood when inmates tattooed one another. But most states ended the practice voluntarily as powerful antiretroviral drugs reduced the risk of transmission.

In Alabama, inmates are tested for H.I.V. when they enter prison. About 250 of the state’s 26,400 inmates have tested positive. They are housed in special dormitories at two prisons: one for men and one for women. No inmates have developed AIDS, the state says.

H.I.V.-positive inmates are treated differently from those with other viruses like hepatitis B and C, which are far more infectious, according to the World Health Organization. Inmates with H.I.V. are barred from eating in the cafeteria, working around food, enrolling in certain educational programs or transferring to prisons near their families.

Prisoners have been trying to overturn the policy for more than two decades. In 1995, a federal court upheld Alabama’s policy. Inmates filed the latest lawsuit last year.

“Today’s decision is historic,” said Margaret Winter, the associate director of the National Prison Project of the American Civil Liberties Union, which represented the inmates. “It spells an end to a segregation policy that has inflicted needless misery on Alabama prisoners with H.I.V. and their families.”

Brian Corbett, a spokesman for the Alabama Department of Corrections, said the state is “not prejudiced against H.I.V.-positive inmates” and has “worked hard over the years to improve their health care, living conditions and their activities.”

“We will continue our review of the court’s opinion and determine our next course of action in a timely manner,” he wrote.

During a month long trial in September, lawyers for the department argued that the policy improved the treatment of H.I.V.-positive inmates. Fewer doctors are needed if specialists in H.I.V. focus on 2 of the 29 state’s prisons.

The state spends an average of $22,000 per year on treating individual H.I.V.-positive inmates. The total is more than the cost of medicine for all other inmates, said Bill Lunsford, a lawyer for the Corrections Department.

South Carolina has also faced legal scrutiny. In 2010, the Justice Department notified the state that it was investigating the policy and might sue to overturn it.

South Carolina has also faced legal scrutiny. In 2010, the Justice Department notified the state that it was investigating the policy and might sue to overturn it.

SC, now the last state separating HIV+ prisoners, has always claimed it was easier to dispense meds and monitor adherence by keeping the prisoners housed separately. However, several SC Representatives have filed a bill declaring the ACA unconstitutional and prosecutes anyone implementing it, so needless to say, their concern about medical issues is a bit haphazard.

That's good news about Alabama

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leatherman (aka mIkIE)

All the stars are flashing high above the seaand the party is on fire around you and meWe're gonna burn this disco down before the morning comes- Pet Shop Boys chart from 1992-2015Isentress/Prezcobix

When it comes to prison inmates, it seems like it would be better to keep them separated to keep both sides safe. Plus it would keep the cost down from having to treat more and more people in prison.

Hi Windy, That view is what directed the course of action against which inmates waged a lawsuit due to stigmatization, restriction from certain education programs and preventing them from being in prisons located nearer to their families and more. As the article notes, there are viruses far more infectious than HIV which don't get the same restrictions. Em

When it comes to prison inmates, it seems like it would be better to keep them separated to keep both sides safe. Plus it would keep the cost down from having to treat more and more people in prison.

I still fail to see the logic in your thinking, if there's any. Keep "both sides safe" from what exactly?

And, as usual, you did not address (or chose to ignore) Mike's main point.

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"I have tried hard--but life is difficult, and I am a very useless person. I can hardly be said to have an independent existence. I was just a screw or a cog in the great machine I called life, and when I dropped out of it I found I was of no use anywhere else."

How will combining them with the rest of the prison population help to stop the spread of HIV in the prison?

Won't this actually increase the risk of spread?

Nearly all new infections are the result of someone passing on HIV who is unaware that he or she is even infected in the first place. These segregation policies do nothing to stop onward transmission; in fact they increase the fear and stigma so much in the mind of the general population to even test themselves that they end up contributing to the spread of HIV rather than help contain the epidemic. UNAIDS studies have shown this, but legislators cling to 1980’s prejudices.

Why is only HIV singled out in all these discriminatory laws, given that most infected people who know of their infection act as responsibly as they can- not to mention far more easily transmittable diseases (including STIs) cause many more deaths- such as TB, Syphllis, HPV, common flu.

Prisons historically and presently are the places where concepts and practice of "controlling the population" hold ground. I see the HIV + inmate separation resulting in even more stigma, shame and violence inside.

« Last Edit: December 23, 2012, 09:23:08 AM by OneTampa »

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"He is my oldest child. The shy and retiring one over there with the Haitian headdress serving pescaíto frito."

When it comes to prison inmates, it seems like it would be better to keep them separated to keep both sides safe. Plus it would keep the cost down from having to treat more and more people in prison.

Well, if you really feel this is the case, then please be sure to get yourself to some sort of quarantine facility. I mean we wouldn't want your dirty self mixing with the clean people and passing on this virus.

Nothing is more maddening than hearing a positive person trying to champion further discrimination and stigma building. Perhaps we should just chalk it up to the newness of your infection -- yes, in the spirit of the holidays, that is what I shall do. Unless, of course, you come in and continue this line of thinking, then I will know you are simply missing the entire point.

Windy's post , most all of them , sounds like a person who hasn't lived with HIV for very long or isn't really HIV positive at all . His profile says he has only been poz a few months so its understandable why he hasn't been coming off as a person of experience .

Windy , do your realize that people in prison have sex just like people do that are not confined , so changing the rules to allow condoms in prison is the real issue here if you want to just look at the sexual aspect of the issue . Its not like just because you are incarcerated you cant control your sexuality in such a way as to disclose before sex , abstain or engage in safer sex practices .

It's great that none of us will ever live through a period of being HIV+ and fearing being isolated and quarantined to protect society. OH WAIT, I heard those discussions in the 80's. Anyone recall many of our religious leaders calling for those exact actions??

I'll give some slack since it's a known fact that gay men have no other desire than to infect as many people as possible.

I'll give some slack since it's a known fact that gay men have no other desire than to infect as many people as possible.

I only have bareback sex cause Im trying to make a gay baby and to pass my genes on . I have a pair of acid washed genes that will be back in style by the time he can wear them . I don't go for that fancy spelling with the other pretentious spelling of jeans .

Another casualty of the 80's was that acid washed and stone washed jeans went out of fashion. I absolutely loved them and am constantly looking for a pair that I had during that time. Perhaps some of you remember the pair I'm looking for. The front had a higher waistline that came to 2 points. I've been checking rustyzipper for ages and hope to someday buy them.

I only have bareback sex cause Im trying to make a gay baby and to pass my genes on . I have a pair of acid washed genes that will be back in style by the time he can wear them . I don't go for that fancy spelling with the other pretentious spelling of jeans .

Please don't pass on your genes -- no one in Philadelphia will be able to understand your spawn!!

Nothing is more maddening than hearing a positive person trying to champion further discrimination and stigma building. Perhaps we should just chalk it up to the newness of your infection -- yes, in the spirit of the holidays, that is what I shall do. Unless, of course, you come in and continue this line of thinking, then I will know you are simply missing the entire point.

Mike

I agree Mike..and I do think we should cut him some slack because he is a newbie..but only for the holidays mind, New Years day is the cut off point..no more Mr/Mrs nice guy after that..agreed?.

Another casualty of the 80's was that acid washed and stone washed jeans went out of fashion. I absolutely loved them and am constantly looking for a pair that I had during that time. Perhaps some of you remember the pair I'm looking for. The front had a higher waistline that came to 2 points. I've been checking rustyzipper for ages and hope to someday buy them.

Aren't you like 7 feet tall and weight 400lbs? My petite 29" ass would never fit.

Child please, I'm 6 ft tall and not fat. Actually when I bought those jeans it was during my AIDS wasting period so it's possible that they're a smaller size than what I normally wear. If I come across them I'll have a look and let you know.

Child please, I'm 6 ft tall and not fat. Actually when I bought those jeans it was during my AIDS wasting period so it's possible that they're a smaller size than what I normally wear. If I come across them I'll have a look and let you know.

They'd probably fit waist wise, but since I'm 5'8" tall, they'd have to be cuffed. Wonder if we could resurrect that style too? I've kept a couple of pairs of my AIDS jeans just in case. I have one pair of Levis that are a 27" waist and I still had to wear heavy shorts under them to make them not look sloppy.

Inmates with H.I.V. are barred from eating in the cafeteria, working around food, enrolling in certain educational programs or transferring to prisons near their families.

I would think that the problem lies there. Not really the fact that there is a segregated dorm. If I'm an inmate, I'd probably want to stick around with other pozzies. Much like how inmates group along ethnic lines. And if they offered a separate dorm, I might be tempted to take it (of course in this case it isn't an option).

It wasn't (soon to be I guess, past tense) a segregated dorm so much as a couple of designated prisons which kept people, geographically, from their loved ones being able to visit easily,then on top of that they had to eat in a separate place, not help to prepare food and were also prevented from certain education programs.

Do you want all poz friends? I don't. And I wouldn't want poz friends forced on me by a setting that restricts me from doing other normal things like eating and learning and most important, staying in touch with family and friends to stay or become inspired to get the heck out of prison.

But that question about living with poz friends. I've always imagined that if I end up in there, I could be in it for the long haul: better start making friends/alliances. Or have I been watching too much of Prison Break?

I would imagine one of the reasons a judge ordered a stop to the segregation of Alabama inmates is because the reasons for doing so are based on stigma and misinformation , and that effects all of us .

I think its important to consider that inmates face a tough time when they are released from prison under the best of circumstances . Many of the programs that have been denied these inmates are the very programs that could make a huge difference when the inmate is up for parole or released . Sometimes when an inmate goes before the parole board , the board wants to see that the inmate is serious about bettering themselves and acquiring the skills that can help them avoid the circumstances that led to them being incarcerated to begin with , sometimes parole boards are reluctant to release an inmate until certain conditions are met .

This ruling is a huge deal and a very good thing for the inmates and they're family's as well .

I've always wondered, how in the hell they do the testing to separate people on these prisons? they do Viral load or western blot's tests to every new inmate? or they isolate them for 6 weeks and do an elisa test?

This is ridiculous, I bet that they only isolated the inmates that were upfront and honest with their stats or those showing aids symptoms. I guess that a good portion on their "HIV - " population on these prisons is positive, wheter they don't know yet or just hide it for fear precisely to this discrimination.